Searches 1

Warrant Requirement

Having a search warrant helps deem searches reasonable

Duties of Officers in determining information for a search warrant

To gather relevent and lawfully acquired information

Duties of Magistrate in determining information for a search warrant

to draw inferences and conclusions from information

Three elements to support probable cause

• Offense was committed

• The items sought are connected with criminal activity

• Such items will presently be found in the place searched

Neutral, detatched magistrate is:

• Impartial judge

• Judges probable cause

Requirement for an “Oath of affirmation” when obtaining a search warrant

• A formal promise to tell the truth or fulfill a duty.

• No warrant shall issue but upon probable cause supported by Oath of Affirmation

Particular Description requirement for a search warrant

• Describing the place to be searched and the persons or things to be seized

Knock and announce requirements

Brief but unmistakable in conveying to the occupents that you have a search warrant. Brief delay to allow occupent to respond. Use REASONABLE FORCE if needed

Officer’s authority to control persons at the premises to be searched with a warrant

Scope of a premesis search

You can search anywhere evidence can logically be concealed

Duration of a premesis search

No exact time limit on searches, but leave as soon as evidence you’re looking for is found

Intensity of a premesis search

Do not destroy property during a search is nessessary

Ex: Like cutting open a mattress to find drugs

What may be seized

• Fruits and Contraband

• Instramentalities (tools used to do the crime)

• Mere evidence (Think documents or personal items)

• Drugs

Warrant must be served within

10 days, must renew if after 10 days

Officials Authorized to issue warrants

1. Magistrate

2. Municipal Judge

3. Circuit